Vote Smart's Synopsis:

Vote to concur with Senate amendments and pass a bill that prohibits elective abortions at and after 20 weeks of pregnancy, except in cases of medical emergency.

Highlights:

• Defines "medical emergency" as a condition which complicates the medical condition of the pregnant woman as to necessitate the immediate abortion of her pregnancy to avert her death or for which a delay will create a serious risk of substantial and irreversible physical impairment of a major bodily function (Sec. 3).

• Prohibits any person from performing or inducing or attempting to perform or induce an abortion upon a woman when it has been determined, by the physician, that the probable post-fertilization age of the fetus of the woman is 20 or more weeks, except in the case of a medical emergency (Sec. 4)

• Specifies that any person who intentionally or recklessly performs or attempts to perform an abortion in violation of this act as guilty of a Class C felony; no penalty shall be assessed against the woman upon whom the abortion is performed or attempted to be performed (Sec. 7).

• Specifies that any woman upon whom an abortion has been performed in violation of this act, or the father of the unborn child who was the subject of such an abortion, may maintain an action against the person who performed the abortion in intentional or reckless violation of this act for actual and damages (Sec. 8).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that prohibits elective abortions at and after 20 weeks of pregnancy, except in cases of medical emergency.

Highlights:

• Defines "medical emergency" as a condition which complicates the medical condition of the pregnant woman as to necessitate the immediate abortion of her pregnancy to avert her death or for which a delay will create a serious risk of substantial and irreversible physical impairment of a major bodily function (Sec. 3).

• Prohibits any person from performing or inducing or attempting to perform or induce an abortion upon a woman when it has been determined, by the physician, that the probable post-fertilization age of the fetus of the woman is 20 or more weeks, except in the case of a medical emergency (Sec. 4)

• Specifies that any person who intentionally or recklessly performs or attempts to perform an abortion in violation of this act as guilty of a Class C felony; no penalty shall be assessed against the woman upon whom the abortion is performed or attempted to be performed (Sec. 7).

• Specifies that any woman upon whom an abortion has been performed in violation of this act, or the father of the unborn child who was the subject of such an abortion, may maintain an action against the person who performed the abortion in intentional or reckless violation of this act for actual and damages (Sec. 8).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that prohibits elective abortions after 20 weeks of pregnancy, except in cases of medical emergency.

Highlights:

• Prohibits a physician from performing an abortion when it has been determined by the physician that the probable post-fertilization age of the fetus is 20 weeks or more (Sec. 4).

• Authorizes a physician to perform an abortion if the probable post-fertilization age of the fetus is 20 weeks or more only in cases of medical emergency (Sec. 4).

• Requires physicians to make a determination of the probable post-fertilization age of the fetus prior to performing an abortion (Sec. 3).

• Authorizes physicians to perform abortions without first determining the probable post-fertilization age of the fetus in cases of medical emergency (Sec. 3).

• Defines "medical emergency" as a condition which complicates the medical condition of the pregnant woman as to necessitate the immediate abortion of her pregnancy to avert her death, or for which a delay will create a serious risk of substantial and irreversible physical impairment of a major bodily function (Sec. 1).

• Specifies that any physician who fails to determine the probable post-fertilization age of a fetus, except in cases of medical emergency, is engaging in unprofessional conduct (Sec. 3).

• Specifies that any person who intentionally or recklessly performs or attempts to perform an abortion in violation of this act as guilty of a Class C felony (Sec. 6).

• Specifies that no penalty shall be assessed against the woman upon whom the abortion is performed or attempted to be performed (Sec. 6).

• Specifies that any woman upon whom an abortion has been performed in violation of this act, or the father of the fetus who was the subject of such an abortion, may maintain an action against the person who performed the abortion in intentional or reckless violation of this act for actual damages (Sec. 7).

• Representative M. Hubbard intended to vote "yea," Representative Knight intended to vote "Nay," and Representative Warren intended to vote "Abstain."

Full Bill Text